Saving Education: Nigeria’s crucial Challenge

A Nation at Risk: The Collapse of Nigeria’s Educational System
An old Arabic proverb warns, “When you want to destroy a nation, there are two means: first, through the family unit; second, by destroying its educational system and toppling its role models.” In Nigeria today, we are witnessing the latter unfold before our eyes.
Nigeria’s Educational Crisis
While lamenting the state of Nigeria may seem cliché, the government’s failure to prevent the decay of the educational system might be its gravest crime against its citizens. Education is not merely the acquisition of knowledge; it is a transformative force essential for personal development and national progress. It shapes minds, builds character, and fuels social and economic advancement.
But the statistics are harrowing:
- Over 60 million Nigerians are considered illiterate.
- According to UNESCO, the number of out-of-school children in Nigeria has surged to approximately 20 million.
- The World Bank reports that 70% of Nigerian 10-year-olds cannot understand a simple sentence or perform basic numeracy tasks—an alarming indicator of learning poverty.
- In Kaduna State, 74.7% of schoolchildren are unable to read or perform basic math.
These figures reflect a nation failing its youth—and by extension, its future.
Education as a Fundamental Yet Neglected Right
Education is a fundamental human right recognized in numerous international treaties to which Nigeria is a signatory¹. Domestically, it is referenced in Section 18 of the 1999 Constitution of the Federal Republic of Nigeria². However, this provision lies in Chapter II—the Fundamental Objectives and Directive Principles of State Policy—making it non-justiciable in court.
This legal technicality has allowed successive governments to treat education as optional, despite Section 18(3)(a) and (b) mandating efforts to:
- Provide free, compulsory, and universal primary education
- Provide free secondary education
- Provide free university education
- Promote free adult literacy programs
Neglecting these constitutional promises threatens Nigeria’s long-term development and democratic stability.
The Need for Judicial Activism
With the executive failing to act, and the legislature unwilling to enforce or amend the Constitution to make education justiciable, the judiciary must step in. Through judicial activism, Nigerian courts can interpret education as an enforceable right.
Courts have recognized the value of education in several key cases:
- In Garba v. University of Maiduguri³, Justice Obaseki described a university student as “a priceless asset on the threshold of a world of useful service to the nation.”
- In N.U.C. v. Alli⁴, Justice Uwa underscored the need for high educational standards, especially in disciplines where failure could jeopardize lives.
Learning from International Precedents
Nigerian courts can take guidance from global jurisprudence:
- In Governing Body of the Juma Musjid Primary School & Ors v. Essay N.O. & Ors⁵ (South Africa), the Constitutional Court emphasized the state's obligation to fulfill the right to education even in privately managed institutions.
- In U.P.S.E. Board v. Harri Shanker⁶ (India), the Supreme Court reaffirmed that education is integral to the right to life, and courts must interpret laws in a way that furthers the goals of social and economic justice.
A Call to Action
The continuous neglect of education will lead to irreversible consequences for Nigeria. All three arms of government must share the responsibility of rescuing our educational system—and by extension, our civilization.
Through bold interpretation, the judiciary can be the final voice reminding the government of its duties. It's time for Nigeria to realize that investing in education is not just a constitutional obligation—it is a necessary step toward a prosperous and stable future for all citizens.
References
- Universal Declaration of Human Rights (1948); International Covenant on Economic, Social and Cultural Rights (1966); International Covenant on Civil and Political Rights (1966); UNESCO Convention Against Discrimination in Education (1960); Convention on the Elimination of All Forms of Discrimination Against Women (1979); Convention on the Rights of the Child (1989).
- 1999 Constitution of the Federal Republic of Nigeria, Cap. C23 LFN.
- Garba v. University of Maiduguri (1986) 1 NWLR (Pt. 18) 550.
- National Universities Commission v. Alli (2014) 3 NWLR (Pt. 1393) 1.
- Governing Body of the Juma Musjid Primary School & Ors v. Essay N.O. & Ors (2011) 7 BCLR 651 (CC).
- U.P.S.E. Board v. Harri Shanker (1997) AIR SC 65.
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Published on May 9, 2025